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I live in Georgia and my fiance was arrested on suspended license…

Customer Question

I live in Georgia and...

I live in Georgia and my fiance was arrested on suspended license and possession of cocaine while on probation. I bonded him out and he was scheduled for drug court two weeks later. When he went to report, they placed him under arrest for probation violation. His probation was in one county and his arrest was in the county that we lived. Since he was incarerated, he was taken off the schedule for Drug Court. We went to cout today and the judge ordered him to be released once we had proof that we was scheduled to go through drug court in the county that the arrest happened. But until we had written proof, he was to remain in custody. Well after court his probation officer came to him and said he was not going to be entered in Drug court because of a 14 year old charge, in which there was no such charge on his record. How can this happen? And most of all how can he be on scheduled for Drug Court and now all of a sudden not be eligible?

Okay, thank you very much. Please give me a few minutes to type my answer to you. If he record is the only thing thing that is prohibiting from going to drug court, you are going to have to prove to his probation officer that there if not a 14-year old charge after all. His criminal record should be public record. As such, you need to visit the Criminal Law Clerk of Court (felony and misdemeanor divisions) and so your own research so that you can prove to the probation officer he has not had this 14 year-old charge. The clerk will certify the record for you. Now, if the probation officer will not do anything after that, your bf will have to either hire an attorney or have a public defender take this matter to the judge. But again, you should be able to get this done through the probation officer. I can tell you that it is not uncommon for records to get messed up and misunderstood when you have so many people you are responsible for. I hope this is an honest mistake on the part of the probation officer, but if not, you will have to take the issue to the judge. If you have any more questions, please just let me know. Please don't forget to accept my answer as that is the only way I can receive credit for helping you today. You will be charged nothing further for pressing accept. Thanks.

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Customer reply replied 8 years ago

There was a charge of aggrevated assult in 1995 and he served his time in a diversion Center that is now closed down and the presiding judge is now dead. On his Department of Corrections records, it states "not available" for the sentence length for this crime. Two questions, according to Georgia law, can this disqualify him from being eligible for drug court in Bibb County and second, how can we prove that he did serve his time for this crime and get it added to his record so that it doesnt seem like this was a charge still hanging out there?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).